>> bret: thanks everybody. that is it for this edition of special report, fair, balanced and unafraid. >> shep: this is the fox report. tonight, a death row inmate scheduled to die this hour in georgia, his lawyers argue he is mentally disabled and moments ago a major development. plus, prosecutors outline their case against the blade runner, oscar pistorius. why exactly did he kill his girlfriend? they say he strapped on his prosthetic leg and shot his girlfriend in cold blood, but his lawyers say that is not how it went down. this is what was all just a tragic accident. now, a model's family mourns.

and an olympic athlete cried tears of his own in court. plus sea thieves ripping off piles of diamonds in a dramatic airport heist. tonight how they confronted the guard and escaped without firing shots. the horse that doesn't like to be locked up. >> she wants out of her stall and into the barn. >> shep: tonight the houdini horse of michigan but first from fox, a question -- why more mr. world class athlete, why did you shoot your girlfriend four times and kill her. today an answer and lots of tears in court from oscar pi pis for just as he denied murdered his girlfriend premeditated as

prosecutors allege. he may have been arguing with his girlfriend reeva steenkamp before the killing and they told the magistrate today that oscar pistorius strapped on his prosthetic leg, went to the bathroom door and fired four shots as he cowered inside. three bullets found their marks and there was no saying her. the lawyer says a different story, one of a legless athlete in fear when he thought it was an intruder who entered his home and then his bathroom. the lawyer read from a statement. it reads in part, i believe that when the intrude truther came out the toilet we would be in grave danger. i fired shots at toilet door and shouted to reeva to phone the police. she did not respond. pistorius denied that he strapped on his legs until after the shooting when he says he tried to use them to kick the

door down. when it failed he bashed it in with a cricket bat and found his giovz body inside. that is his story. earlier i spoke with a man that says he has known pistorius for 15 years and he has never known him to be especially violent. by coincidence he happens to be the sketch artist for the courtroom proceeding and he said that has been pretty tough. >> i had to sit in court through this. it was punishment for me extremely because i had to look at him, even if he wasn't looking but he looked me right in the eye. it's just hard. it's emotionally draining for everybody in the court but especially for me knowing for such a quite a long time. can only speak good of him. >> shep: the sketch artist may be in the minority right now. nearly 600 miles from the court

proceeding, reeva steenkamp's friends and family gathered for a funeral. jonathan hunt will have more and very interesting guest at the service. first to greg palkot in south africa. what is the reaction to the ground here to the first day of the bail hearing? >> shep, the case against oscar that is how newspaper is saying, laid out the verse of version of events. it was packed courtroom mesmerized by the counts as is all of south africa. he is national icon here. his girlfriend a real darling but it came down today who do you believe the prosecution saying there was no possible explanation for pistorius to believe it was intruder and not a girlfriend in that bathroom. defense claiming it was impossible for him to kill her. he said they were both very much in love.

>> shep: so is he expected to go free on bail or what? >> that could be the main subject of the hearing which continues on wednesday. the betting here is he will not go free on bail. the prosecution and presiding judge basically expected that pistorius will be charged with premeditated murder. that is the stiffest charge he could get. it carries a life sentence. virtually impossible to get bail under such circumstances. by the way, prosecutors covering all bases and even if pistorius thought there was a intruder in the home and went ahead and killed him, that would be premeditated too. >> shep: greg palkot live. on the coast, southern coast mourners gathered for reeva steenkamp's funeral. they remembered a woman that campaigned against domestic violence and died at the hands

of her lover. jonathan, the victim here reeva steenkamp's relatives were inconsolable today. >> a lot of tears inside and outside that memorial service today. her body was carried in by members of staff of the funeral home. it was covered in a white cloth and pink flowers on top of the cloth. after the service, family members how much they will desperately miss reeva steenkamp. listen. >> there is a space missing inside all the people that she knew that can't be filled again. we're going to keep all the positive things we remember about my sister and we will try and continue with the things that she tried to make positive. >> the family is going to miss you steeva.

>> reporter: now, while family members wanted to focus on rsteinstein. others called out -- reeva steenkamp. >> names among the mourners weevph talked about this name yesterday. francois hoogard. he attend this had memorial service and that is interesting because when we were talking about, we were talking about reports that he may have sent a late night text to reeva steenkamp. we know they were close friends. according to some reports that text may 6 prompted the argument that proceeded oscar pistorius reeva steenkamp. >> shep: thanks. a fox story, a convicted

killer minutes away from execution but a court stepped in to stop it. prison officials they delivered warren hill's last meal when the ruling came down. his lawyers claim that his i.q. is so low it would be unconstitutional to put him to death. other lawyers say they were wrong that wanted him discuss. where do things stand now? >> we are just trying to figure that out. we know that the supreme court about half an hour ago refused to granted a stay of execution, set the execution to go ahead and with 20 minutes left we heard from brian camera who was his attorney saying that a stay was granted, a temporary stay granted by both the 11th circuit courted of appeals based out of atlanta, georgia and georgia court of appeals. the reason why the stay and it was a temporary one granted by

the georgia court of appeals they want to look into the lethal injection process. it was recently changed from a three drug combination to a single drug. 11th circuit wants to hear new evidence and that new evidence as you alluded to that three medical professionals who examined him back in the year 2000 who said he believed was not mentally retarded. those three doctors came out last thursday they made a mistake. they did not have all the facts. they didn't have the experience. according to one, he said my judgment that more hill mr. hill did not meet mild retardation was going on error going on to say he has an i.q. of approximately 70. so the 11th circuit wants the lower court to look into the evidence. at the steps of the capital today a number of supporters held a conference saying should he be executed it would be a

miscarriage of justice. rita young is all about developmental disabilities and here is what she said. >> we believe putting anyone to death who has an intellectual disability is an injustice. they have given an exemption to have a disability to exempt them from the death penalty. to execute anyone that has a known i.q. of 70 would be a miscarriage of justice. >> reporter: this is the second time that it has come down the wire. last summer he was within two hours of being executed when a stay was issued. this time he was just 20 minutes away. >> shep: it was the supreme court ruling from years ago that put this in the spotlight, right? >> it was. it was a case atkins v.virginia, supreme court ruled that it would be unconstitutional a violation of eighth amendment to put to death someone who was, quote, mentally retarded.

it looks like at least for the night, this may be off. we'll get back to you later this hour. >> shep: john roberts from georgia. investigators are hunting for criminals who made off millions of dollars worth of diamonds. wait until you hear how they pulled off this airport heist. plus, this woman admits, i shot my boyfriend, stabbed him, slit his throat and hours ago and to for videotaped first time she told the court exactly what happened on the day he died. that is ahead from the journalists at fox news.

>>. >> shep: this was a height like few others, police in belgium say eight robbers carrying machine guns just pulled off one of the biggest diamond thefts in history and never fired a shot. here is how it happened according to them at brussels. moments after the armored truck

delivered a shipment to the plane, the robbers cut a hole in the airport fence and came in dressed as police officers. when they got to the armored truck, they held up the pilot and security crew while they pulled more than 100 boxes off that plane. the word is the diamonds in those boxes could have been worth about $50 million. investigators say the robbery took but five minutes from start to finish. they later found one of the burned getaway cars outside brussels but for now the bad guys got away. >> it was not a chance robbery. it was well prepared. they were professionals. >> shep: this is one reason which is known as the world capital of diamond cutting. experts say they are worried how it was possible for this to happen. >> normally think that an airport is very secure environment which is exactly what you need when you trade in diamonds and transport diamonds.

its complete shock to us. >> shep: a decade ago in the same region when thieves broke into high security vaults and stole hundred million dollars in gems. >> the woman who says she killed her ex-boyfriend in self-defense said she felt intimidated by him. she is jodi arias and today on the stand for the seventh day. she testified that boyfriend threw a cd in her twist her arm and bent her over a deck but she didn't tell him to stop baugs she didn't want him to make him angry. she stabbed him, shot him him in the head and slit his throat ear to ear. they heard graphic conversation recorded the month before she killed him. most of details like today's testimony way to graphic for this channel. steve craft for the phoenix area is live with us tonight and covering the trial.

steve, arias has been on the stand for more than a week but yet to discuss her ex at all? >> that is right. she has been describing in detail the events over a period of months that led up to this terrible killing of travis alexander. this is the first time she is sketching what happened at the moment of his death. she, of course, is going claim self defense. >> shep: prosecutors are going to get a shot at this with it. it seems like it has taken forever? >> yes. they have been objecting quite a bit over the last seven days but when they get their chance on cross-examination, they are going to focus on their theory of the case that flat out this is a case of jealousy. she was stalking her ex. she couldn't handle him having any girlfriends. >> shep: when is the thinking that prosecutors get the case? >> well, i think they will get into cross-examination phase

within a day or two. defense is still doing their case and eventually this will go to the jury, but it might be a week or two. >> shep: thanks. apple is warning customers and hackers have infected their computers but executives say help is on the way. now investigators say they have traced more than 100 cyber attacks here in the united states to one single building and could you guess who owns that building? plus, houston, hello. nasa loses contact with the international space station. that is next as fox reports live tonight. more "likes." more tweets. so, beginning today, my son brock and his whole team will be our new senior social media strategists. any questions? since we make radiator valves wouldn't it be better if we just let fedex help us to expand to new markets? hmm gotta admit that's better than a few "likes." i don't have the door code. who's that? he won a contest online to be ceo for the day. how am i supposed to run a business here

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>>. >> gregg: for hours today the folks at nasa had no way at all to reach the six crew members aboard the international space station. astronauts were spinning through

the blackness unable to speak with nasa but could speak to moscow. they tried to update computers. workers were transitioning to the back up when communications failed. maybe the chinese got in there. we don't know. took them three hours to get running everything get. one tweeted a message, good morning earth, we transition to a new software load. nothing could possibly go wrong. same hackers who attacked facebook last week also infected macintosh computers that is the word from apple. it's rare for them to target army. they are releasing software to fix the infected computers but officials say there is no evidence that hackers stole any information. facebook reportedly traced the

attack to china. now investigators say a chinese military unit is behind cyber attacks that not only stole dons of information from american companies but also targeted u.s. power grids and pipelines. the chinese. experts say it's one of the most prolific groups they have ever seen, the military. >> katherine heritage, they traced it to one building in china? >> that is right. that is why this is highly charged because the electronics trail leads back to the chinese military. it sites this nondescript building on the outskirts of shanghai that has an espionage unit. >> those of intrusion investigations and leading us right back to the same neighborhood. it didn't take much to put one and one together. >> considered a state secret by the chinese, the report says the unit is alleged to have ripped

off more than a 140 u.s. companies to give china the edge in business as well as research and development. >> shep: so they are stealing our secrets and invaded our power source and gotten in pipelines and what does the white house say? >> well, analysts saying the intensity of cyber assaults with the backing and direction of the military and communist party is now reaching a point where it might impact diplomatic relations. >> we have repeatedly raised our concerns at the highest levels about cyber attacks with senior chinese officials within the military and we will continue to do so. this is an important challenge. this is one the president has been working on and urging congress to take action on. >> reporter: we have stressed many times that hacking attacks are transnational and anonymous the chinese ministry said today. determining their origins are difficult and we don't know how the evidence can be ten amp and

even though citizens have lost $300 billion in trade secrets last year, the chinese foreign minimum sti insisted that they are the victims of cyber attack. >> shep: thanks. seems or twitter accounts aren't safe either. jeep joined the long list of companies that are apparent victims of embarrassing hacks. here is how jeep's twitter page looked earlier today. somebody inserted that cadillac logo and a group of hackers claims credit for today's hack and yesterday's breach with the mcdonald's logo on burger king's twitter page. >> gas prices have gone up every single day for the past month. more than 40 cents altogether. the experts say they could keep rising if in the coming weeks. what is behind this? plus why a famous stretch have sand in southern california is pitting surfers against the

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>>. >> shep: hide your apples and lock up the hay, horses have cracked our system. >> his personality is sweet and loving. she is very intelligent. >> this horse has somehow learned to open up its own stall but freedom isn't enough for the

horse. we're told it has a habit of opening doors for the rest of its family at this mid-michigan farm. >> i go to the grain room or she let's them out the front door. >> shep: green as the grass may be, the horse has someone finer tastes. sometimes preferring to rummage around in the refrigerator instead. >> she basically, she wants to get out of her stall and into the barney way she can. >> shep: the horse's owners are making it more difficult for the poor animal installing extra slide bolts and back-up locks on the doors. >> i'm shepard smith and this is the fox report. it's the bottom of the hour, time for the top of the news and have you noticed gas prices? wow, up to four most' high.

they have risen the last 33 days. they calculated the current price at an average of 3.75, up over 40 cents. in california, prices are up over $4 and climbing. adam housley, live at a station in santa monica. look at those numbers. that is insanity? >> everything from the gas prices being high, of course, on the east coast to super storm sandy to other refineries down for routine maintenance. at the same time global demand is up but no matter what the cost or reason, drivers are not to happy about these gags price spikes. take a listen. >> i think it's a form of extortion. they don't say anything. they just raise it up. >> i don't know what is going on and why they are blaming refineries and whatever else, i don't know. what can we do? you still have to go to work. >> i think people need to start

buying cars that don't use so much gas would be really nice. i kind of like take a hit for humanity. [ laughter ] >> reporter: and shepard, a lot of drivers were surprised to see the gas price spike. it has snuck up on some people just in the last few days. >> shep: relief in sight at all? >> reporter: there are two things considered here. first of all, even if we drop a little bit we are going to have a higher starting point and driving season starts in april, so usually those prices go up then. so we could see much higher prices. we have put the top states for prices, hawaii, of course, most expensive but california 4.16 the average, d.c., 3.94 as you see the prices are much higher than we saw in any part of the winter last year and people are

worried come april and may and june we could see higher prices wean saw last summer. >> shep: adam housley in santa monica. >> they could put americans out of work and possibly in danger. that is what $85 billion in spending cuts. fallout from the fiscal cliff deal. now, now the president is calling for congress to cut another short term deal to delay them yet again. ed henry is at the white house. president invited reporters to try to help make his case? >> reporter: he had first responders there. journalists and first responders there some of the folks who will face budget cuts if these automatic cuts come through. president warning that it will hit the defense industry hard saying that there will be hundreds of thousands of layoffs in the months ahead if, in fact, these cuts take place. but the president insisted if

only republicans will come together on compromise this will be avoided. >> they don't have to happen. there is a smarter way to do this to reduce our deficit without harming our economy, but congress has to act. >> reporter: he is talking about the so-called balanced approach he wants to get some other spending cuts but also some tax increases. john boehner filing a statement, no more tax increases, he said, quote, just last month the president got his higher taxes on the wealthy and he is back for more. the american people that the revenue debate is closed. we should close loopholes in the tax code but that revenue should lower rates across the board. white house wants to reduce loopholes but to use that money to lower the deficit. bottom line, they are still at loggerheads and senior official said that it's likely these cuts will be kicking in on march 1st. >> shep: a massive fire burns a church to the ground but the

pastor calls it divine intervention. top story on fox trip across america. >> shep: oklahoma, the church 90 minutes south of oklahoma city, pastor and flock moved to a similar building and put this one up for sale. since the wind was blowing to the south, pastor's house next store sustained minor fire damage. officials are investigating. >> pennsylvania, utility officials say a pizza deliveryman saved a life his route. he got to one customers door and noticed and odd smell. they found the furnace leaking carbon monoxide. >> the meter out there, he says he has never seen readings that high. he stated that seconds away from

exploding. basically pizza hut saved my life. >> they say the pizza guy deserved a raise. >> illinois, annual identicalable sled race near the iowa border using cardboard and duct tape, folks of all ages battled it out for the fastest sled and best design. utah. a high school student born with just six fingers have defied the odds to be a skilled piano player. he hopes to spread positive message about pursuing your dream. he is reportedly teamed up with a producer to make a music video. that is a fox watch across america. >> shep: breaking news on fox news channel and you are looking live. a fire tearing through a restaurant in kansas city.

jonathan hunt is with us. are there people in there, what do we know? >> we are getting initial reports there have been some injuries what you can see is a huge fire. firefighters battling it right now. it's in the plaza in kansas city. a much loved area of that city. what we are understanding from some initial reports that a car drove into a gas line outside a restaurant called jj's and that is what parked this huge fire. we are still getting initial information coming in right now. firefighters are confirming those initial reports that this was caused by a gas explosion. they are saying that there are these initial reports that people have been hurt, but this only happened in the last few minutes. we're still getting videotape preliminary reports in right now. as you can see the fire is still raging in downtown kansas city.

>> shep: was there an explosion? >> yes, the initial explosion caused by this car somehow managed to drive into a gas line. those are the initial reports that we're hearing. the explosion happening immediately so one imagines that restaurant may have been pretty busy 6:30 in the evening there in kansas city. very major concerns that people may have been injured in this, but as i say, we have no firm numbers on anything very much a developing and dangerous situation there in kansas city tonight. >> gregg: 49 degrees and dropping fast and ten mile-an-hour winds. we'll keep it updated. the u.s. is about to make history in the middle east with the controversial drones. we're live at pentagon with the details on this. plus, the man convicted in the killing of his washington intern named chandra levy wants a whole

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see what else comes standard at libertymutual.com. liberty mutual insurance. responsibility. what's your policy? >>. >> shep: continuing coverage, kansas city, missouri where this fire is raging out of control. a gas explosion of some kind. new reports multiple injuries and further the streets are now blocked off around st. luke's medical center a trauma center in kansas city where it's believed they have taken multiple injured victims. much more as breaking news continues. first, a deal to send drones to the middle east. a defense official for the united arab emirates that country has agreed to buy $200 million of unarmed predator drones from an american contractor. it will be the first time they sold the controversial drones to an arab ally but they are designed for surveillance only not to carry weapons.

it suggests the united states and ally are attempting to keep closer watch on iran which is 35 miles from the country from the strait have hormuz. jennifer griffin is live in the pentagon. why is the u.s. now selling this technology? >> reporter: saudi arabia and united arab emirates have been asking the pentagon to buy drones and drone technology for some time. they haven't been granted that permission. what seems to have changed the equation and the thinking here in the pentagon and elsewhere in the u.s. government is in fact iran. the situation with the gulf states being increasingly concerned about iran's nuclear program. that is what has changed. generals wanted to keep its advantage to not sell drones but 75 countries have the drone technology. congress has not been alerted to in this new deal with the united arab emirates.

>> shep: unarmed drones but what the chance, they armed them? >> pretty high. the general says the predators would be unarmed but there is no way to be sure they would remain that way. >> people are pretty innovative in terms of being able to modify aircraft so they could be armed. certainly not foolproof. >> reporter: the general with the air force deputy chief of staff for intelligence and surveillance, he is in favor of deal which is part of $1.4 billion deal signed this week. >> shep: rescuers are searching for five people including two children after a horrible landslide. that tops our news around the world in 80 seconds. china -- large chunks of a cliff side continue to fall hours after the initialing

landslide burying part of a mining area. they used unmanned helicopters to scan the mountains. fall rocks have reportedly blocked off a nearby river. >> australia, dozens of firefighters from new zealand are helping to battle fires. flames have scorched 15,000 acres. local media reports that they evacuated a child care center and warned residents to stay off the roads as thick smoke cover the region. >> india, the annual bull racing event in the southern province, there are 30 teams of two bulls and three guys each. they race through muddy water across a paddy field toward the finish. it's part of the country's harvest festival. france -- hundreds of folks with their eyes on the auction block in all toys auction in puarz.

dozens of collectibles and some items were priced more than $20,000 and that is wrap on this fox trip around the world. >> shep: a lot of people said we will see this face and hear this name again and sure enough, khuan dra levy's convicted killer is fight fog for a new trial. prosecution based its case on a complete lie. at the time the 24-year-old washington, d.c. intern vanished. police say they found her body a year later in an area they searched over and over again. the case exposed with affair with gary condit. they questioned condit but never

arrested him. then a jury convicted this unknown, illegal immigrant from el salvador when an informant testified that the suspect confessed to killing levy. the suspect said did i no sum thing now a defense attorney says prosecutors found out a year ago about a problem with one of their witnesses. no word on whether that witness is the informant who testified about the confession but it is possible. so far no comment from prosecutors. an army sergeant's faint to get his daughter back got a big boost. coming up a supreme court ruling that just might finally lead to a reunion. plan for small business. get a shareable pool of data... got enough joshua trees? ... on up to 25 devices. so you can spend less time... yea, the golden barrels... managing wireless costs and technology and more time driving your business potential. looks like we're going to need to order more agaves... ah! oh! ow! ... and more bandages. that's powerful. sharble data plus unlimited talk and text.

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>>. >> shep: continuing live coverage, kansas city, missouri where an upscale shopping area and you can see the gas coming out of something.

walls were blown out. st. luke's center now reports it is expecting patients. this is kansas city star newspaper that one of its reports that lives a block away have seen a man wheeled on to a gurney and further reports that a nearby apartment building is being evacuated. fire continues to rage. we have crews on the scene. live coverage throughout into the arrest of the evening. >> an american soldier is fighting for custody of his own daughter after that child's mother took the girl to scott lapped amid a very messy divorce. his case made it all the way to the united states supreme court and today, the supreme court issued a ruling. u.s. army sergeant says he got married abroad back in 2006 and he and his wife moved here to alabama. but when their marriage begin to fall apart the mother took the daughter with him to scotland. he has right to seek custody and

the high court's decision could be a huge deal for many servicemen and women who started families overseas. how could today's supreme court decision help the father? >> when the wife was deported she filed in federal court citing the hague convention. court agreed. when they tried to appeal the decision they said the u.s. courts didn't have jurisdiction. he refused to accept that and fought to the supreme court. we talked with him the case as argued in december and he said it's more than just him, it's about his brothers and sisters in uniform that find themselves in similar battles. the justice system did agree they do have jurisdiction and he must be given the opportunity to fight who are for his daughter. he tracked him down today and he here is what he told me. >> stay focused on my little girl. she is my fight for her, but

knowing that the rest of this is going to impact, who knows how many people. i'm just glad because i'm really glad that i can do this even if the outcome isn't what i wanted, at least we're making definitely an impact for the future. >> reporter: really, this the s just a new beginning because today's opinion gave him right to fight for his daughter in the u.s. court system. >> shep: we'll go back to south africa where the blade runner said today he has no intention of killing his model girlfriend. latest in the court case, next. ] how do you measure happiness? by the armful? by the barrelful? the carful? how about...by the bowlful? campbell's soups give you nutrition, energy, and can help you keep a healthy weight. campbell's. it's amazing what soup can do. but, dad, you've got...

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the fire is raging out of control. they believe a gas explosion started it. frankly, the number of injuries is unclear to us, but we do know that the local trauma center says it reports to us that it is expecting patients and live pictures coming through the facilities of network affiliate and cbs station for the kansas city area. there is much more to be learned on this fire as they still work to put it out and cut off the gas line. we'll have continuing coverage throughout the night. updating top story tonight, more tears in court as oscar pistorius explained why he shot his girlfriend four times and killed her. greg palkot is live in south africa. greg? >> reporter: let me show i that newspaper, the case against oscar. that is how one newspaper is playing it and that is basically what we heard for the first

time. we heard from the prosecution. they laid out their version of events that national icon oscar pistorius got into an argument with model girlfriend reeva steenkamp and shot her dead in the bathroom. defense team also laid out their account. pistorius generally thinking there was an intruder in the home and then tried to save the girlfriend's life after he killed her. as we saw today and other times, pistorius weeping openly especially when the lawyer for pistorius saying that he loved very much his slain girlfriend. we are still waiting out to find out whether he will go free on bail. prosecutor was pressing for and presiding judge accepted pistorius will be charged with premeditated murder. that the stiffest charge carried a life sentence. it's virtually impossible to get bail under those circumstances. we'll find out in a couple of hours. one more note. whale this was all going on the

slain girlfriend was remembered at memorial service in her hometown. her brother coming out and saying there is a space missing among us all. drama continues. >> shep: just before 3:00 a.m. in south ask. >> on this days in 1807, soldiers arrested aaron burr for treason. three years after he killed alexander hamilton he was fighting for his life in court. accusation, he plotted to secede and form his own country. they found he had conspired against our country and acquitted him because he didn't commit an overt act as the constitution requires. court of public opinion was to the nearly as kind. many burned burr in effigy. he changed his last name in edwards after coming back from europe